If, following an investigation, the VOSA consider that an AE or NT has committed a criminal offence e.g. issuing a false MOT Test Certificate contrary to Section 175 of the Road Traffic Act 1988, any formal interview must be conducted under the Provisions of the Police and Criminal Evidence Act (PACE) 1984 and its’ Codes of Practice. The AE or NT must also be informed of their right to seek legal advice before and during interview.
In criminal cases the much higher burden of proof ‘beyond reasonable doubt’ applies.
It is for the prosecution to establish the defendant’s guilt. Before a criminal court can convict they must be satisfied beyond reasonable doubt (or be sure) of the defendant’s guilt.
Our legal system dictates that a person is presumed innocent until proved otherwise.
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